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Ethics: North Carolina's Conflict of Interest Definition

This page is intended to provide general information and does not necessarily address all aspects of this topic.  Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors.  It reflects in summary form statutes/constitutional provisions/legislative chamber rules in effect as of 5/31/2008 or statutes set to take effect shortly thereafter.

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North Carolina's Policy Statutory Reference

CHAPTER 138A.  STATE GOVERNMENT ETHICS ACT  
ARTICLE 4.  ETHICAL STANDARDS FOR COVERED PERSONS.
§ 138A-35. Other rules of conduct 

(a) A public servant shall make a due and diligent effort before taking any action, including voting or participating in discussions with other public servants on a board on which the public servant also serves, to determine whether the public servant has a conflict of interest. If the public servant is unable to determine whether or not a conflict of interest may exist, the public servant has a duty to inquire of the Commission as to that conflict.

(b) A public servant shall continually monitor, evaluate, and manage the public servant's personal, financial, and professional affairs to ensure the absence of conflicts of interest.

(c) A public servant shall obey all other civil laws, administrative requirements, and criminal statutes governing conduct of State government applicable to appointees and employees.

N.C. Gen. Stat. § 138A-35  (2008).

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